Claimant v Standon Calling Limited
Outcome
Individual claims
The tribunal found the claim was presented over one month out of time. It was reasonably practicable for the claimant to have presented his claim in time as he was capable of finding out about tribunal time limits and could have submitted despite his personal difficulties. The claim was therefore dismissed for being out of time.
The notice pay claim was subject to the same three-month time limit as unfair dismissal. The tribunal found it was reasonably practicable for the claimant to have presented in time, and therefore dismissed this claim as out of time.
The holiday pay claim was presented over one month late. Applying the same test of reasonable practicability, the tribunal found the claimant could have presented in time and dismissed this claim.
The bonus pay claim was subject to the same time limit test. The tribunal found it was reasonably practicable for the claimant to have presented in time despite his personal circumstances, and dismissed this claim as out of time.
The pension contributions claim was presented out of time. The tribunal applied the reasonable practicability test and found the claimant could have presented in time, therefore dismissing this claim.
The redundancy payment claim was presented within six months of the effective date of termination and was therefore in time. The respondent did not dispute liability to make a redundancy payment, and the tribunal issued a judgment in the claimant's favour.
Facts
Mr Lee was made redundant with an effective date of termination of 29 February 2024. He attempted to resolve matters through the Redundancy Payment Services and then Acas early conciliation (13 May to 3 June 2024). He presented his tribunal claim on 6 August 2024, over one month late. During the relevant period he was working full-time temporary employment (April to 29 July 2024), applying for other jobs, and dealing with significant personal difficulties including his mother's terminal illness and mental health struggles.
Decision
The tribunal dismissed all claims except the redundancy payment claim as out of time. The tribunal found it was reasonably practicable for the claimant to have presented his claim in time, as he was capable of finding out about tribunal time limits and could have submitted despite his personal difficulties. The redundancy payment claim succeeded as it was presented within six months and the respondent did not dispute liability.
Practical note
Personal difficulties including mental health issues, caring responsibilities, and full-time work will not necessarily make it not reasonably practicable to present a claim in time, particularly where a claimant was aware of the tribunal system and capable of discovering the time limits.
Legal authorities cited
Statutes
Case details
- Case number
- 3308648/2024
- Decision date
- 22 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No